Judgment_paragraph 76 · CQ v European Parliament (F-12/13)

76In the second place, as regards the concept of ‘harassment’, it should be recalled that Article 12a(3) of the Staff Regulations defines psychological harassment as ‘improper conduct’ which requires, in order to be established, that two cumulative conditions be satisfied. The first condition relates to the existence of physical behaviour, spoken or written language, gestures or other acts which take place ‘over a period’, and are ‘repetitive or systematic’, which suggests that psychological harassment must be a process that occurs over time and presumes the existence of repetitive or continual conduct, which is ‘intentional’. The second cumulative condition, which is joined to the first by the conjunction ‘and’, requires that such physical behaviour, spoken or written language, gestures or other acts have the effect of undermining the personality, dignity or physical or psychological integrity of any person (see, to that effect, judgment in Q v Commission, F‑52/05, EU:F:2008:161, paragraph 134, not set aside on that point by the judgment in Commission v Q, T‑80/09 P, EU:T:2011:347).